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Record Nr. |
UNINA9910465253403321 |
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Autore |
Witte John <1959-> |
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Titolo |
Religion and the American constitutional experiment / / John Witte, Jr., Joel A. Nichols |
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Pubbl/distr/stampa |
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New York, New York : , : Oxford University Press, , 2016 |
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©2016 |
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ISBN |
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Edizione |
[Fourth edition.] |
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Descrizione fisica |
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1 online resource (425 p.) |
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Disciplina |
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Soggetti |
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Freedom of religion - United States |
Church and state - United States |
Electronic books. |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Cover; Religion and the American Constitutional Experiment; Copyright; Dedication; Contents; List of Tables; Preface; Introduction; 1. The American Experiment in Historical Context; The First Millennium; The Papal Revolution; The Protestant Reformation; Religious Establishment versus Religious Freedom in Europe; Colonization and Experimentation; 2. The Theology and Politics of the Religion Clauses; Puritan Views; Evangelical Views; Enlightenment Views; Civic Republican Views; Summary and Conclusions; 3. The Essential Rights and Liberties of Religion; Liberty of Conscience |
Free Exercise of Religion Religious Pluralism; Religious Equality; Separation of Church and State; Disestablishment of Religion; Summary and Conclusions; 4. Forging the First Amendment Religion Clauses; Religion and the Continental Congress; The 1787 Constitutional Convention; Ratification and Proposed Amendments; Drafting the First Amendment Religion Clauses; "Original Intent": Interpreting the Final Text; Summary and Conclusions; 5. Religious Liberty in the States and Nation Before 1947; Liberty of Conscience and Free Exercise; Religious Pluralism and Equality; Separation of Church and State |
No Establishment of Religion Faith, Freedom, and the Frontier; Fundamental Religious Liberty and Incorporation; Summary and Conclusions; 6. The Free Exercise of Religion: Mapping the Doctrinal |
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Terrain; Bringing a Free Exercise Case; Factual Clusters of Free Exercise Cases; Shifting Standards of Review in Free Exercise Cases; 7. The Free Exercise of Religion, Free Religious Speech, and Religious Freedom Statutes; Free Exercise and Polygamy (1879-1890); Free Exercise and Conscientious Objection (1918-1971); Freedom and Equality of Religious Expression (1940-2015) |
Liberty of Conscience and Free Exercise Exemptions (1943-1989)Neutralizing the Free Exercise Clause (1982-1993); Free Exercise of Religion as a Statutory Right (1993-); Summary and Conclusions; 8. Modern Establishment Law: Mapping the Doctrinal Terrain; Bringing an Establishment Clause Case; Mapping the Establishment Clause Cases; Summary and Conclusions; 9. Religion and Public Education: No Establishment of Religion, But Equal Access for Religion; Separationist Cases (1948-1987); Equal Access Cases (1981-2001); New Limits on Equal Access?; Summary and Conclusions |
10. Government and Religious Education: Accommodation, Separation, and Equal Treatment Accommodationist Cases (1908-1977); Separationist Cases (1971-1985); Equal Treatment Cases (1983-2004); Summary and Conclusions; 11. Religion and Public Life; Sabbath Day Rules; Legislative Chaplains and Prayers; Religious Symbols; Patterns and Principles; Summary and Conclusions; 12. Religious Organizations and the Law; Religious Polity and Structures; Religious Property Disputes; Labor and Employment; Social Services, Taxation, and More; Family Law, Islamic Law, and Religious Arbitration |
Summary and Conclusions |
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Sommario/riassunto |
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This new edition of a classic textbook provides a comprehensive, interdisciplinary overview of the history, theology, and law of American religious liberty. The authors offer a balanced and accessible analysis of First Amendment cases and controversies, and compare them to both the original teachings of the American founders and current international norms of religious liberty. For this new edition, the authors have updated each chapter in light of new scholarship and new Supreme Court case law, through the end of the 2015 term. They also add an appendix mapping some of cutting edge issues of |
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